BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160007831 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160007831 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the awards of the Army of Occupation Medal with Japan Clasp and the Army Good Conduct Medal (1st Award). 2. The applicant states he was in Japan for 2 years, 7 months, and 1 day. A friend, who is now deceased, was assigned in Japan with him; his friend was awarded the Army of Occupation Medal. He was talking with his friend's widow when he discovered his friend had received this award. He also, in effect, believes he is eligible for the Army Good Conduct Medal (1st Award). 3. The applicant provides his DD Form 214, ending 23 November 1951 and a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)), dated 20 June 2009. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. The Army personnel records affected dated between November 1912 and January 1960. It is believed his records were lost or destroyed in that fire. However, a reconstructed record from NPRC includes a DD Form 214 and a DD Form 215. These forms provide a sufficient basis to address the applicant's requests. 3. The applicant enlisted in the Regular Army on 14 December 1948. He held military occupational specialty 5832 (Warehouseman). 4. He was honorably discharged on 23 November 1951 for the convenience of the government. His DD Form 214 shows he completed 2 years, 11 months, and 10 days of net active service, with 2 years, 7 months, and 1 day of foreign or sea service. In addition, his DD Form 214, as amended by a DD Form 215, indicates the following: * Place of Separation – Headquarters, Headquarters and Service Command, GHQ(General Headquarters), FEC(Far East Command), APO (Army Post Office) 500 * Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized – Korean Service Medal, National Defense Service Medal, United Nations Service Medal, Republic of Korea- Korean War Service Medal * Most Significant Duty Assignment – Company D, Staff Battalion, HSC (Headquarters Service Company), GHQ, FEC, 8232d AU (Administrative Unit), APO 500 REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards and decorations. a. To be awarded the Army of Occupation Medal with Japan Clasp, the recipient was required to have qualifying service in Japan; included was service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. b. Soldiers who served in the Far East Theater during the occupation of the Far East will wear the clasp inscribed “Japan.” c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. For first award only, the Army Good Conduct Medal can be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 2. According to the U.S. Army Center of Military History series titled, "U.S. Army in the Korean War," the top headquarters within the Far East Command (FEC) was the General Headquarters (GHQ), located in Tokyo, Japan. DISCUSSION: 1. The applicant's DD Form 214 appears to support he was stationed in Tokyo, Japan during the period of eligibility for the Army of Occupation with Japan Clasp (3 September 1945 and 27 April 1952). This award is not reflected on his DD Form 214, but the form shows the following: * his most significant duty assignment was to a unit within the GHQ, FEC * the place of his separation was Headquarters and Service Command, GHQ, FEC; he was honorably discharged on 23 November 1951 * GHQ, FEC was located in Tokyo, Japan 2. He also appears to be eligible for the Army Good Conduct Medal (1st Award) for the period 14 December 1948 through 23 November 1951. While the Army Good Conduct Medal normally requires completion of a 3-year period of continuous active service, for the first award only, a recipient can be awarded the Army Good Conduct Medal when they have served for less than 3 years, but more than 1 year. The applicant's complete service record is not available, but within what has been provided by the NPRC, there is no indication of any derogatory information. In addition, he was separated with an honorable discharge. BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160007831 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Army Good Conduct Medal (1st Award) for the period 14 December 1948 through 23 November 1951. b. amending his DD Form 214, ending 23 November 1951, to show the award of the Army of Occupation Medal with Japan Clasp and the Army Good Conduct Medal (1st Award). I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007831 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007831 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2